Discharge

A Discharge of any type is the best possible sentence you can receive short of a Resolution. A Discharge means that the Court has found you guilty of a criminal offence, but rather than entering a conviction against you, has chosen to show leniency and ‘discharge’ you, either conditionally or absolutely.

Conditional Discharge vs. Absolute Discharge

The difference between a conditional discharge and absolute discharge is that unlike an absolute discharge, a conditional discharge requires a term of probation. That is, in the case of a conditional discharge, the court will indicate that you will be discharged, but only after you fulfill the terms of either a one, two, or three year probationary period. This probationary period will typically involve things like reporting to probation every two weeks, counselling, and community service.

Discharges are rarely granted. In order to receive an Absolute or Conditional Discharge, there must be no minimum sentence specified in the Criminal Code. Further, discharges typically apply to relatively low level offences, and typically require unique personal circumstances.

The list of unique circumstances that may be relevant is not exhaustive, but can include some of the following:

  • Risk of loss of employment if convicted
  • Risk of deportation if convicted
  • An indication that an underlying mental health concern contributed to the wrongful behavior
  • An indication that some sort of coercion or undue pressure caused the wrongful behavior

Curative Discharge

Curative discharges are applicable in impaired driving cases only, and have a very unique set of qualifying criteria.

In the most general of terms, to qualify for a Curative Discharge there must be:

  • A significant and ongoing history of alcohol dependence,
  • A significant alcohol dependence at the time of the offence,
  • A willingness to change, and
  • A likelihood of success

Typically expert evidence and formal medical diagnosis will be required, as well as a requirement that you personally testify to, among other things, the above mentioned issues.

Discharges

  1. What is a conditional discharge?
  2. What is an absolute discharge?
  3. What effect will a discharge have on my criminal record?
  4. What is a curative discharge?
VIEW ALL SERVICES

View Our

Successful Cases

Our team of experienced criminal defence lawyers has defended clients in over 10,000 cases across Canada.

Learn More

Client Reviews

Danielle was incredibly professional and effective in the defense of my case. But more than that, she really listened and tried to help me personally. She was kind, honest and open when it came to my specific situation. I appreciate her sense of humanity. It wasn’t just a paycheck. She made me feel like I’m worth it and my life is worth it. Thank you for caring and for putting in the effort Danielle!! I couldn’t have done this on my own.

R.M.

I found myself charged with crimes I couldn’t understand. Danielle heard of my predicament and offered to take the case with a payment arrangement that I could manage. Her friendly professionalism helped ease my nerves and her confidence that she could help put this matter behind me was unshakeable. The end result was I still have a clean record and faith that there is help available for those who need it.

C.M.

Danielle Boisvert was my lawyer and I appreciate her professionalism and speedy responses. Danielle made me feel very comfortable throughout the whole process and gave me the confidence that things would be taken care of. In no time at all Danielle told me the good news that she had successfully withdrawn my charges. Please contact Danielle Boisvert if you are facing criminal charges, you will not be disappointed!

B.

Anny Wang was my defence attorney. I had never been in trouble with the law before but I found myself facing criminal charges. I had no idea what to do or what was going on. She took the time to explain everything to me and made time to answer my many questions. I took her advice at every turn and made me feel a lot better about going to trial. I felt prepared and knew what to expect. She got all the charges dropped just like she had predicted. She did an amazing job in court and out. I highly recommend Anny Wang to anyone facing criminal charges and needing legal counsel. Thanks again Anny Wang for everything you did!

H.

Amazing service, professional and couldn’t ask for better results. Anny Wang was very clear about the process and thoroughly explained it. Was able to have my charges withdrawn, again amazing. Highly recommend Anny to anyone facing a criminal charge as she’s great to have in your corner when entering the court system for your first time. Thank you again Anny Wang!

S.B.
READ OUR REVIEWS
GET A FREE CONSULTATION